The Plaintiff,
or person who has suffered an emotional, financial, or physical
loss, will typically file what is referred to as a "complaint."
Filing the complaint is synonymous with filing the lawsuit. By
filing the complaint, the Plaintiff begins what is commonly called
the "litigation." The complaint contains all of the
allegations that the Plaintiff has against the Defendant or wrongdoer.
The Defendant files his "answer" in
reply to the allegations in the complaint. Occasionally the Defendant
also files a "counter-claim." The counter-claim contains
allegations from the Defendant accusing the Plaintiff of some
harmful action. By filing a counter-claim the Defendant is essentially
alleging that the Plaintiff is the one to blame, not the Defendant.
So to review, the complaint is just that, it
is the Plaintiff''s opportunity to complain against the Defendant.
In the answer, the Defendant indeed answers the Plaintiff''s allegations
usually by denying them. The counter-claim is the Defendant''s
version of the Plaintiff''s complaint. That is, instead of responding
to the Plaintiff''s allegations (as the Defendant does in his
answer), the Defendant sets forth his own allegations against
the Plaintiff. These documents, and sometimes others, are called
"the pleadings."
There are various time limits which come into
play regarding filing and responding to complaints, answers, counter-claims,
and other court filings. Perhaps most importantly from the Plaintiff''s
perspective is the statute of limitations. The statute of limitations
varies from state to state and requires the Plaintiff to sue the
Defendant within a certain amount of time (set forth in the statute
or law of that particular state). If the Plaintiff misses the
deadline imposed by the statute of limitations, the Plaintiff''s
suit will be forever barred and the Defendant will never be held
accountable. As is apparent, a potential Plaintiff must be very
vigilant regarding the statute of limitations.
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